Man who killed knife intruder denies murder
[London Daily Telegraph]
(Filed: 04/08/2004)
A builder who fatally stabbed a man armed with a knife who broke into his home and allegedly threatened to kill him has been put on trial for murder.
David Armstrong, 39, who denies murder, is on trial at Lewes Crown Court in East Sussex for killing Anthony Banks, 43, a former friend and business partner.
Mr Banks was also the estranged husband of Barbara Banks, who had moved into Armstrong's home in Lewes. The jury has been told that Armstrong claims that he acted in self-defence after Mr Banks arrived at 3am one morning and tried to smash down his front door. When that failed, Mr Banks, who had been drinking and had taken cocaine and cannabis, broke in through a window, telling Armstrong he was "a dead man".
As he came through the window, Armstrong said that he "prodded" at him through a curtain with a kitchen knife. Mr Banks was stabbed at least five times in the head and neck. He died in hospital.
The court was told that Mr Banks had twice before broken into the flat, smashing furniture and assaulting Mrs Banks, because he was enraged that she had left him for Armstrong after 20 years of marriage. Richard Anelay, QC, prosecuting, said Mr Banks telephoned Armstrong and sent text messages several times in the hours before the killing. After a call in which Mr Banks allegedly said that he was coming round with a knife to kill his love rival, Armstrong dialled 999 to tell the police, but Mrs Banks persuaded him to hang up because she did not want her estranged husband locked up over Christmas.
At about 3am on Dec 15, Mr Banks drove from his home in Brighton to Armstrong's flat. Mr Anelay said that Mr Banks tried to break down the front door, shouting: "Dave, you pervert, open the door." Mr Anelay said that when Mr Banks failed to break through, he picked up a dustbin lid and smashed it through the kitchen window. He said that a neighbour saw Mr Banks pull himself on to the window sill "pushing out of the way a curtain" as if to enter the flat. "She also noticed something sticking out of his back right trouser pocket, but he did not remove it. It later transpired that it was a fishing knife," Mr Anelay said. The neighbour then heard a woman screaming and saw Mr Banks collapse, losing much blood.
Mr Anelay said that Armstrong claimed that Mr Banks, when banging on the door, looked through the letterbox and threatened to kill him, then thrust a knife through, which Armstrong said he recognised as Mr Banks's fishing knife. "Nobody else saw this and the knife was later recovered, in its sheath, from the back pocket of Tony's jeans," Mr Anelay said. He said that as Mr Banks tried to enter the kitchen window, Mrs Banks tried to give Armstrong a clock she had picked up with which to fend off any attack, but he did not take it and she saw that he had a knife in his left hand "which he then lunged down in the area of Tony's neck and shoulder".She saw Armstrong lunge another three or four times, seeing the knife last "when it went into Tony's head". Mr Banks then slumped back out of the window.
When interviewed by police, Armstrong said he could not actually see Mr Banks because his head was covered by curtains. He said that he only "prodded" and "poked" the knife through the curtain. But Mr Anelay said that Mr Banks had not been threatening anyone with a knife and could have been disabled with the clock. Armstrong, he said, had already called the police and could have played for time. It was not self defence.
The trial continues.
[London Daily Telegraph]
(Filed: 04/08/2004)
A builder who fatally stabbed a man armed with a knife who broke into his home and allegedly threatened to kill him has been put on trial for murder.
David Armstrong, 39, who denies murder, is on trial at Lewes Crown Court in East Sussex for killing Anthony Banks, 43, a former friend and business partner.
Mr Banks was also the estranged husband of Barbara Banks, who had moved into Armstrong's home in Lewes. The jury has been told that Armstrong claims that he acted in self-defence after Mr Banks arrived at 3am one morning and tried to smash down his front door. When that failed, Mr Banks, who had been drinking and had taken cocaine and cannabis, broke in through a window, telling Armstrong he was "a dead man".
As he came through the window, Armstrong said that he "prodded" at him through a curtain with a kitchen knife. Mr Banks was stabbed at least five times in the head and neck. He died in hospital.
The court was told that Mr Banks had twice before broken into the flat, smashing furniture and assaulting Mrs Banks, because he was enraged that she had left him for Armstrong after 20 years of marriage. Richard Anelay, QC, prosecuting, said Mr Banks telephoned Armstrong and sent text messages several times in the hours before the killing. After a call in which Mr Banks allegedly said that he was coming round with a knife to kill his love rival, Armstrong dialled 999 to tell the police, but Mrs Banks persuaded him to hang up because she did not want her estranged husband locked up over Christmas.
At about 3am on Dec 15, Mr Banks drove from his home in Brighton to Armstrong's flat. Mr Anelay said that Mr Banks tried to break down the front door, shouting: "Dave, you pervert, open the door." Mr Anelay said that when Mr Banks failed to break through, he picked up a dustbin lid and smashed it through the kitchen window. He said that a neighbour saw Mr Banks pull himself on to the window sill "pushing out of the way a curtain" as if to enter the flat. "She also noticed something sticking out of his back right trouser pocket, but he did not remove it. It later transpired that it was a fishing knife," Mr Anelay said. The neighbour then heard a woman screaming and saw Mr Banks collapse, losing much blood.
Mr Anelay said that Armstrong claimed that Mr Banks, when banging on the door, looked through the letterbox and threatened to kill him, then thrust a knife through, which Armstrong said he recognised as Mr Banks's fishing knife. "Nobody else saw this and the knife was later recovered, in its sheath, from the back pocket of Tony's jeans," Mr Anelay said. He said that as Mr Banks tried to enter the kitchen window, Mrs Banks tried to give Armstrong a clock she had picked up with which to fend off any attack, but he did not take it and she saw that he had a knife in his left hand "which he then lunged down in the area of Tony's neck and shoulder".She saw Armstrong lunge another three or four times, seeing the knife last "when it went into Tony's head". Mr Banks then slumped back out of the window.
When interviewed by police, Armstrong said he could not actually see Mr Banks because his head was covered by curtains. He said that he only "prodded" and "poked" the knife through the curtain. But Mr Anelay said that Mr Banks had not been threatening anyone with a knife and could have been disabled with the clock. Armstrong, he said, had already called the police and could have played for time. It was not self defence.
The trial continues.
